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    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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ruby

Severance of benefits AO

Question

I’m having issues navigating on my iPad so I can’t research hoping someone knows this answer, someone I know from a va class we attend sent in for an increase he received his decision:

Background:

He was granted service connection  in 2014.  

He served in unit 330 ordnance 9/64 - 8/65 , Korea Ascom, he was told that he was in the dmz zone at some pt

He applied for an increase for several items that he was serviced connected for:

Decision:

 Are records  reflect that you are a veteran of Peacetime and Vietnam Era Rating decision dated Sep 2017 proposed the severance of several service connected disabilities.  The due process for that proposed severance has expired.  We will now make a final determination on those proposed actions.

everything is denied or severed 10-18 because:

We have been unable to confirm exposure to herbicides on either a presumptive or facts found basis.  His last page is missing it says more on why.

has the presumptive period changed orthe unit he belongs  to wasn’t in a herbicidal  area.

what I’m reading basically says we made a mistake in 2014 is that really possible?

he is working with the DAV and all they tell him is to nod.

 

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 Quote:He served in unit 330 ordnance 9/64 - 8/65 , Korea Ascom, he was told that he was in the dmz zone at some pt

This Veteran can't remember where he served?

The DMZ It runs for about 150 miles (240 km) across the peninsula, from the mouth of the Han River on the west coast to a little south of the North Korean town of Kosong on the east coast. Located within the DMZ is the “truce village” of P'anmunjom, about 5 miles (8 km) east of Kaesong, N.Kor.

https://www.koreanwar.org/html/units/dmz/dmz_60_69.htm

Edited by Buck52

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Does the VA go into a Veterans C-File After more than 20 years  just to try to take away the veteran benefit's?  they need a reason to do that  don't they?

Looks like after a veteran had his 20 years or more in on his S.C. Disability that was decided by the  VA boys that love to play God & they made this decision more that 20 years ago...why can't they leave these Veterans alone? and let them live out their life with family and some peace and dignity. 

If the veteran was fraudulent with his claim and goes 20 consecutive years  why look into it now? they had 20 years to find he committed Fraud. if he did!

I certainly don't condone veterans that commit fraud  but after 20 years  or more and they find some how the veteran did commit fraud...well its just seems a bit ridiculous.

Edited by Buck52

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The proposed severance was dated Sept 1 2017. The poster stated that VA said :

  "The due process for that proposed severance has expired.  We will now make a final determination on those proposed actions."

I guess there was no DRO hearing or any attempt to rebutt the severance with additional evidence.

But even if he could prove his unit was in support of any service personnel on the DMZ, the VA would hold to the date timeframe in the regulations.

It is always possible that this veteran could find some links in his SMRs to the  conditions he has that VA says are not AO presumptives and file a new claim.He could also go over the link I posted as to AO outside of Vietnam.

Then again we do not have the whole story.

 

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Think about that history. He applied for benefits. They call him in for a C&P. He doesn't report. The claim then turns into one for "If you don't come in and let us examine you, we're going to 86 you." He doesn't go in for the c&p and they revoke the SC. It could be more innocuous than that but if you do not report, the poop will hit the rotary oscillator. Usually they reduce you to 0% until you show up. It does say severance which means JCRUR might have finally caught up with him. 

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VA FOIA Request for his complete VA RO C-File and "ALL" his Service Records on a Searchable CD?         My 1st C-Fie handled it personally while at my RO for Voc Rehab for VR VOC Rehab meeting. The RO took about 14 months from 09/12 to send about 12 inches of files. My last Fax VA FOIA 11/2014 or 15 took about 2 days to show as a New E-Ben Claim. CD arrived within about 8 months.  Everything you need to see that he can't remember will be there for your searchable ability.

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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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